Assaulted Police Officer had no bruises or fracture or broken bones- Medical Doctor
Verbatim; Emmanuel Mwamba Vs The People matters before Lusaka Magistrate Hon. Trevor Kasanda
Friday, 7th May 2024
Witness; Dr. Agatha Mwiinji Lloyd aged 55 of Plot no. 0308, Chalala.
A doctor under Chilenje District Health Office Kabwata Urban Clinic Medical Doctor,
1995
Testimony;
I’m the one who examined who the client as a medical doctor, person identified as Mr. Stephen Simwenda.
My findings were consistent with his complaint that he was strangled by a known person.
On examination of the patient, he had tenderness on the neck but he had NO fracture or broken bones.
Dr. Lloyd proceeded to tender them medical report.
CROSS EXAMINATION
Makebi Zulu – You say you are a medical doctor? From which University were you trained.
Dr. Lloyd; From University of Camagüey Cuba.
Makebi Zulu; How long were you at the University.
Dr. Lloyd; from 1988-1994.
Makebi Zulu; When did you start practicing?
Dr. Lloyd; shortly after I finished.
Makebi Zulu; In your practice, the source of your primary information is a patient?
Dr. Lloyd; Yes from the patient but also from examination or from laboratory or scan results.
Makebi Zulu; You will agree that strangulation is a technical term. Examining the case of strangulation will include an x-ray test?
Dr. Lloyd; Yes.
Makebi Zulu; Was there an x-ray taken?
Dr. Lloyd! There was no need at all.
Makebi Zulu; Were there bruises, fracture or or broken bones?
Dr. Lloyd; there was none.
Makebi Zulu; were there finger nails or finger imprint?
Dr. Lloyd; there was none.
Makebi Zulu; As you examine the patient can you feel the pain of the patient?
Dr. Lloyd; No I can’t.
Makebi Zulu; When you are determining the pain, you depend on the response of the patient?
Dr. Lloyd; Yes and on also on the technique of palpating.
Makebi Zulu; the patient directs you where the pain is.
Dr. Lloyd; yes.
Makebi Zulu; When you touched the patient he responded to where he directed you to where he felt the pain? How do you determine the outcome of your report?
Dr. Lloyd; on examination of the patient and the technique of palpitation.
Makebi Zulu; the feeling of pain was by the patient.
Dr. Lloyd; Yes.
Makebi Zulu. Let’s take the case of Mr. Simwenda. He is before you. The person has presented a case of strangulation. There should be bruises, injuries and marks. Shouldn’t there be?
Dr. Lloyd; It depends.
Makebi Zulu! So how did you arrive at the case of strangulation since there were no bruises, no marks and no fracture?
Dr. Lloyd; it was my conclusion from my own findings.
Makebi Zulu; presents a medical report from the Zambia Police reading; “complaining of pain on the neck as a result of strangulation.” Therefore the word strangulation was introduced to you by the patient and not what you stated earlier?
Dr. Lloyd; Yes it was.
Makebi Zulu; therefore the case of strangulation is mere speculation?
Dr. Lloyd; Yes, it’s a speculation.
Makebi Zulu- No further questions Your Honour.
What is assault definition at law ?
Is it a necessity that an assaulted individual has to proof things such as
1. Bleeding
2. Loss of tooth
3 . Broken hand etc
I need enlightenment on this because I thought that slapping someone is an assault on its own and the extension of any injuries is mere proof of assault severity.
Koma bakapokola bamu Zambia. Who can flabby soft handed potbellied Mwamba strangulate? He can’t even climb one flight of stairs. Perhaps try accusing him of witchcraft since you just want him locked up